Lance Ian Osband v. Jeanne Woodford, Warden of the California State Prison at San Quentin

ORDER

This court’s opinion filed on March 6, 2002, and published at 282 F.3d 1125 (9th Cir.2002), is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to deny the petition for rehearing. Judges W. Fletcher and Fisher have voted to deny the petition for rehearing en banc, and Judge Politz so recommends.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. RApp. P. 35.

The petition for rehearing and the petition for rehearing en banc, filed March 20, 2002, are DENIED.

OPINION

Petitioner-appellee seeks a writ of habe-as corpus in this capital case, claiming, among other things, ineffective assistance by his trial counsel. Because of petitioner’s ineffective assistance claim, the magistrate judge allowed discovery by the State of materials that would ordinarily have been subject to evidentiary privileges, including the attorney client privilege. Over the State’s objection, the magistrate judge also entered a protective order limiting the State’s use of the materials. The district court denied the State’s…